N.Y. Comp. Codes R. & Regs. tit. 18 § 352.30

Current through Register Vol. 46, No. 15, April 10, 2024

Section 352.30 - Persons included in the budget

(a) For budgetary purposes, the number of persons in the public assistance household are those persons who the applicant, recipient or a representative indicates wish to receive public assistance and who reside together in the same dwelling unit. The applicant or recipient must include his or her minor dependent children in the application. When a minor dependent child is named as an applicant for public assistance, his or her natural or adoptive parents and blood-related or adoptive brothers and sisters (who are also minor dependent children) must also apply for public assistance and have their income and resources applied toward the public assistance household if they reside in the same dwelling unit as the applying minor dependent child. A person required to be added to the public assistance household is deemed to be included in the application already on file as of the date the person joins the household, either by birth, adoption, or by moving into the dwelling unit of the existing public assistance household. For the purposes of this subdivision, a minor dependent child is a child who is under 18 years of age. Parents and siblings who are SSI recipients, stepbrothers and stepsisters, ineligible sponsored aliens, aliens who fail to meet the citizenship and alienage requirements in section 349.3(a) of this Title, individuals ineligible due to the lump sum provision of section 352.29(h) of this Part, or children who are receiving adoption subsidies which are exempt under section 352.22(p) of this Part are not required to apply in accordance with this subdivision. The public assistance household may also include persons who are temporarily absent from such household, such as children or minors attending school away from home whose full needs are not otherwise met.

(b) For purposes of determining the amount to be included in the standard of need for shelter under section 352.3 of this Part and fuel for heating under section 352.5 of this Part for persons in permanent housing, if permitted under Federal law and regulations, the public assistance household includes any child entering foster care who was eligible for and in receipt of assistance and care as a member of the household in and for the month of entry into foster care. Such child must be included in the household pending preparation of the child services plan pursuant to Part 428 of this Title and at any time thereafter that the child remains in foster care and the child services plan includes a goal of discharge of the child to a member of the household.

(c) Three-generation households.

(1) With respect to an applying dependent child whose parent is under age 18 and living with the child, the dependent child and such minor parent are considered members of the same public assistance household. The local district must deem any income of the minor parent's own nonapplying parent(s) to be available to such public assistance household when they reside together in the same dwelling unit. Such income must be deemed available to the same extent as income of a stepparent under section 352.14 of this Part.

(2) With respect to an applying dependent child whose parent is between the ages of 18 and 21 and living with the child, the dependent child and such parent are considered members of the same public assistance household. The local district must deem any income of the nonapplying parents of the 18-to 21- year-old parent to be available to such parent if they reside together in the same dwelling unit. Such income must be deemed available to the minor parent to the same extent as income of a stepparent under section 352.14 of this Part. However, such income must not be deemed available to the applying dependent child.

(d) Treatment of sanctioned persons.

(1) The needs of an individual required to be in the public assistance household pursuant to subdivision (a) of this section must not be considered and the needs of the family must be determined based on the remaining persons in the public assistance household when:

(i) the individual willfully fails or refuses to furnish or apply for a social security number for each member of the household pursuant to section 369.2(b)(1) or section 370.2(c)(3) of this Title;

(ii) Repealed and Reserved

(iii) the individual fails or refuses to apply for or use employee group health insurance benefits pursuant to section 349.6 of this Title.

(2) When an individual who is required to be in the public assistance household pursuant to subdivision (a) of this section, or who is the caretaker of a dependent child, fails to comply with the requirements of section 351.2(i) of this Title or willfully and without good cause fails or refuses to comply with the requirements of Part 385 of this Title, the public assistance benefits otherwise available to the household of which such individual is a member will be reduced pro rata.

(3) When an individual who is a member of a household without dependent children fails to comply with the requirement of section 351.2(i) of this Title, or willfully and without good cause fails or refuses to comply with the requirements of Part 385 of this Title, the public assistance benefits otherwise available to the household of which the individual is a member will be reduced pro rata.

(4) When an individual fails to cooperate in establishing paternity or in establishing, modifying or enforcing a support order pursuant to section 369.2(b)(1) or section 370.2(c)(9) of this Title, and the individual does not have good cause for such failure or is not otherwise excepted from so cooperating, the public assistance otherwise available to the household of which such individual is a member will be reduced by 25 percent.

(e)

(1) Treatment of income and resources of nonapplying or ineligible parent or spouse. Unless required to be in the public assistance household pursuant to subdivision (a) of this section, legally responsible relatives of a dependent child or spouse may choose whether or not to apply for assistance. The income and presence in the home of a legally responsible relative who chooses not to apply for or who is ineligible for assistance for a reason other than a sanction subject to subdivision (d) of this section must be considered. Such persons include, but are not limited to, persons who are ineligible by reason of their immigration status or their receipt of nonrecurring lump sum income. The public assistance budget for a household residing with such a legally responsible relative is calculated as follows:

(i) The needs of the public assistance household are calculated as if the nonapplying or ineligible person were applying for assistance as a member of the public assistance household.

(ii) The pro rata share of the amount calculated in subparagraph (i) of this paragraph which is attributable to the nonapplying or ineligible person is determined.

(iii) If the nonapplying or ineligible person's income is less than his or her pro rata share of the amount in subparagraph (i) of this paragraph, such person' s needs and income are not counted when calculating the budget deficit or surplus of the public assistance household, and only the needs and income of the persons actually applying are considered.

(iv) If the nonapplying or ineligible person's income is equal to or greater than his or her pro rata share of the amount in subparagraph (i) of this paragraph, such person's needs and income are counted when calculating the budget deficit or surplus of the public assistance household, as if the person were applying for assistance.

(v) For purposes of the preceding subparagraph, the income of a recipient of SSI who is not applying for public assistance and who is the parent of a home relief applicant or recipient who is under the age of 21 or who is the spouse of a home relief applicant or recipient is considered to be equal to his or her pro rata share of the amount in subparagraph (i) of this paragraph, and any amounts of his or her income which would otherwise exceed such pro rata share are disregarded.

(vi) The resources of the public assistance household include the nonapplying person's resources regardless of the amount of such person's income. With respect to a nonapplying person who is in receipt of SSI, resources which are exempt for purposes of SSI are not taken into consideration.

(f) When an applicant for or recipient of public assistance refuses to cooperate in applying for or accepting SSI benefits for himself or herself or for a member of the public assistance household, the needs of such individual shall be eliminated from the grant, and the needs of the family shall be determined based on the remaining persons in the grant. If, however, such individual is physically or emotionally unable to complete the SSI application process, the local department of social services shall provide any services which are necessary to insure that the individual is assisted in making the SSI application. In such instance, that individual shall not be denied public assistance and care.

(g) Intentional program violation penalties. When an applicant for or a recipient of public assistance is found to have committed an intentional program violation (public assistance-IPV) either through an administrative disqualification hearing or by a court of appropriate jurisdiction, or has signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement, his or her needs cannot be considered for the following periods when determining the amount of assistance:

(1) for six months for the commission of a first public assistance-IPV;

(2) for 12 months for the commission of a second public assistance-IPV, or when the offense results in the wrongful receipt of benefit is in an amount between $1,000 and $3,900;

(3) for 18 months for the commission of a third public assistance-IPV or when the offense results in the wrongful receipt of benefits in an amount in excess of $3,900;

(4) for five years for the commission of a fourth or subsequent public assistance-IPV;

findings of the commission of intentional program violations in the ADC and HR programs prior to August 20, 1997 must be considered in determining the sanction to be imposed for a public assistance-IPV;

(5) any sanction imposed by this subdivision will remain in effect unless and until the finding upon which the sanction was imposed is reversed by a court of appropriate jurisdiction; or

(6) the income and resources of an individual disqualified from receiving assistance under this subdivision, but not his or her needs, must be budgeted against the needs of anyone who is in the sanctioned person's filing unit or anyone applying for or in receipt of assistance for whom the sanctioned person is legally responsible.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.30

Amended New York State Register March 8, 2023/Volume XLV, Issue 10, eff. 3/8/2023